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HomeMy WebLinkAboutMinutes-May 21, 2018 May 21, 2018 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, May 21, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Shimp, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Paul Huting, Leisure Services Director 147017 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, May 21, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 147018 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, May 14, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Proclamation declaring May 26, 2018 as 105.7 KOKZ Fourth Street Cruise Day. Proclamation declaring May 20-26, 2018 as National Public Works Week. Presentation by Youth Art Team. ORAL PRESENTATIONS Dwayne Ehilers, 1205 I/2 Bishop Street, explained that he has met with the Water Works and City Attorney regarding his outstanding dollar amount for work to shut off his water and has not found a resolution to the matter. He explained that his intention is to sue the city. Bob Delveau, 1014 Kingsley Avenue, expressed support for Waterloo Bicycle Works and stated that the lease for the Public Market should be granted to them. Todd Obadal, 124 Amity Drive, requested that the agenda be published one week prior to the Monday meeting. David Dryer, 3145 W. 4th Street, questioned when a work session on the Five Sullivan Brothers Convention Center will take place. Mayor Hart stated that a work session is scheduled for next week. Mr. Morrissey explained that this Friday is the third anniversary of the Bike to Friday'loo event. He also commented that another school shooting took place in Texas last Friday and asked that a Task Force be created to explore what can be done about gun legislation to help protect children. Mrs. Klein commented that when she asked for a work session on the convention center she did not intend to have an update from the developer but was instead looking for an update from staff on the contract. 147019 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 147020 - Juon/Morrissey that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated May 21, 2018, in the amount of$844,607.85, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. May 21, 2018 Page 2 Resolution adopted and upon approval by Mayor assigned No. 2018-332. 2. Resolution approving request of Main Street Waterloo to hold the 17th Annual BBQ'loo festival in Lincoln Park on Friday, July 20, 2018 from 5:30 p.m. to 9:30 p.m. and Saturday, July 21, 2018 from 11:00 a.m. to 9:30 p.m., along with the closure of E. 4th Street, Mulberry Street and Park Ave., adjacent to Lincoln Park for the event. Resolution adopted and upon approval by Mayor assigned No. 2018-333. 3. Resolution approving request from Ralph Longus to approve Ashley Ubbelohde 5K benefit walk/run to be held on June 2, 2018 at 8:00 a.m. starting and ending at West High School. Resolution adopted and upon approval by Mayor assigned No. 2018-334. 4. Resolution approving request of the Cedar Valley Irish Fest Cultural Association to hold the 12th Annual Iowa Irish Fest Event from August 3-5, 2018, in and around Lincoln Park and surrounding streets to include a noise variance for the duration of the festival,to include a 5K run on August 4, 2018 from 6:30 a.m. to 10:15 a.m. on the downtown streets. Resolution adopted and upon approval by Mayor assigned No. 2018-335. 5. Resolution approving the request of SingleSpeed Brewing Company, in cooperation with Waterloo Convention and Visitors Bureau and Trekman Racing, to hold the SingleSpeed Beer Mile race on June 9th, 2018, beginning at 4:00 p.m., with road closures on portions of Commercial, Cedar, 2nd and 3rd Streets, as well as a closure of the SingleSpeed Breweing Co. parking lot located at 325 Commercial Street. Resolution adopted and upon approval by Mayor assigned No. 2018-336. 6. Resolution setting date of public hearing as June 4, 2018 to approve the request by Michael Dahl and Brian Kennett to rezone approximately 2.74 acres of land from"A-1"Agricultural District to "R-1" One and Two Family Residence District to allow for future low density residential development, located at 4245 West 4th Street, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-337. 7. Resolution setting the date of hearing as May 29, 2018 to approve the Amendment to the Electric Franchise Fee including a rate increase to 4%, and Statement of Revenue Purpose, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-338. 8. Resolution setting the date of hearing as May 29, 2018 to approve the Amendment to the Natural Gas Franchise Fee including a rate increase to 4%0, and Statement of Revenue Purpose, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-339. b. Motion to approve the following: 1 Travel Requests Name &Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Ed Stoffer, Production Drone On-Line Pilot Waterloo, April /May $400.00 Coordinator Training (Drone Pilot IA 2018 School) and Certification Testing Hawkeye (Community College). May 21, 2018 Page 3 b. Steve Hoambrecker Iowa Water Environment Waterloo, June 5-7, $1,815.00 and(6) Waste Association Annual IA 2018 Management Conference. employees c. Ed Abben and (3) Navigating Asbestos— Waterloo, June 12-14, $1,320.00 Building Maintenance Webinar IA 2018 employees d. Fred Burton, Gallery Talk Memphis, May 22-24, $818.10 Artist/Guest Speaker TN - 2018 Waterloo, IA e. Steve Gerberich, Gallery Talk New York May 22-24, $480.00 Artist/Guest Speaker City,NY - 2018 Waterloo, IA 2• Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. CVS #8546, 205 Franklin B Wine/C Beer/E Renewal 5/31/2019 x Street Liquor b. Dollar General#7136, 66 E. B Wine/C Beer/E Renewal 2/28/2019 x Tower Park Drive Liquor c. Flirts Gentlemen's Club, 319 C Liquor New 6/10/2019 x Jefferson Street(Ownership Update) d. Iowa Irish Fest, Lincoln Park C Liquor New 8/7/2018 x (5 Da ) w/Outdoor Service e. The Isle Casino Hotel B Liquor/B Wine Renewal 4/30/2019 x Waterloo, 777 Isle of Capri w/Outdoor Service Blvd. f. Locals Bar and Grill,229 E. C Liquor New 5/20/2019 x 4th Street g. Lost Island Waterpark, 2225 Special C Liquor New 10/15/2018 x E. Shaulis Rd. (6 Months) w/Outdoor Service h. New Star, 1459 Ansborough B Wine/ C Beer/E Renewal 6/2/2019 x Avenue Li uor i. Riverloop Expo Plaza, 400 Special C Liquor New 10/30/2018 x Jefferson Street(6 Months) w/Outdoor Service j. Southtown Lounge, 2026 C Liquor Renewal 6/7/2019 x Bopp Street w/Outdoor Service k. Smitty's Bar, 709 Jefferson C Liquor Renewal 5/26/2019 x Street w/Outdoor Service 1. Waterloo Bucks, 850 Park B Beer/B Native New 11/1/2018 x Rd. (6 Months) Wine w/Outdoor Service 3. Motion eeffiffnefidatien ef appeifi�mefA of Ryan Stubef to the pasition of Gler-k 11 in the City CierI 's 4 effeefive May 22, 2018. 4. Motion to approve application for Fireworks Display at Sunnyside Country Club, 1600 Olympic Drive, on July 4, 2018. 5. Motion to approve application for Fireworks Display at Waterloo Bucks home games, Riverfront Stadium, 850 Park Rd., on June 2, 6, 16, July 4, 7, 14, 21,and August 3, 11, 2018, beginning at 10:00 p.m. and lasting 10 minutes. 6. Motion to approve application for Fireworks Display for the American Cancer Society Relay for Life of Black Hawk County at Hawkeye Community College on Friday, June 15, 2018, beginning at 10:00 p.m. and lasting approximately 20 minutes. May 21, 2018 Page 4 7. Bonds. Mr. Shimp stated that he would abstain from voting on the Isle of Capri liquor license and item 1.B.3. Roll call vote-Ayes: Six. Motion carried. (Shimp abstained on 1B.2.E due to employment). 147021 - Shimp/Amos Motion approving recommendation of appointment of Ryan Stuber to the position of Clerk II in the City Clerk's Office, effective May 22, 2018. Roll call vote-Ayes: Seven. Motion carried. Kelley Felchle, City Clerk provided an overview of the position. Mayor Hart commented on the importance of the rental registration portion of the position in particular. Mr. Morrissey questioned if the position is in the current budget. Kelley Felchle confirmed the position is budgeted for both the current and next fiscal year. Mayor Hart recognized Jamie Knutson as the Interim City Engineer at the retirement of Eric Thorson on May 18, 2018. PUBLIC HEARINGS 147022 - Schmitt/Morrissey that proof of publication of notice of public hearing on the sale and conveyance of the city's partial interest in a parcel located within Block 63 of Cooley Addition adjacent to 519 E. 3rd Street, to JSA Development, LLC, in the amount of$1.00., as published in the Waterloo Courier on May 14, 2018, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. 147023 - Schmitt/Amos that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 147024 - Schmitt/Amos that "Resolution authorizing sale and conveyance of the city's partial interest in property located within Block 63 of Cooley Addition adjacent to 519 E 3rd Street to JSA Development, LLC for $1.00, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-340. 147025 - Shimp/Amos that proof of publication of notice of public hearing on the Waste Management Administration HVAC Cooling System, as published in the Waterloo Courier on May 14, 2018, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. 147026 - Shimp/Morrissey that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 147027 - Shimp/Morrissey May 21, 2018 Page 5 that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Shimp questioned what the bid alternates would try to accomplish as part of the project. Steve Hoambrecker, Waste Management Director, explained that the preliminary discussions are to reject the bids as they are almost double the estimate. Resolution adopted and upon approval by Mayor assigned No. 2018-341. 147028 - Shimp/Morrissey that"Resolution authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-342, 147029 - Shimp/Morrissey Motion to receive and file and instruct City Clerk to read bids and refer to Treatment Operations Supervisor, Waste Management Services, for review. Estimate: $98,077.00 Bidder Bid Security Bid Amount Young Plumbing & Base: $189,800.00 Heating 5% Alt: $89,400.00 Waterloo, IA Plumb Tech Inc. ° Base: $193,850.00 Waterloo, IA 5/0 Alt: $96,130.00 Winger Contracting ° Base: $209,500.00 Fairfax, IA 5�0 Alt: $72,660.00 Voice vote-Ayes: Seven. Motion carried. 147030 - Morrissey/Shimp that proof of publication of notice of public hearing on purchase of six (6) Police Interceptor AWD vehicles, as published in the Waterloo Courier on May 8, 2018, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing,the Mayor called for written and oral comments. David Dryer, 3145 W. 4t' Street, questioned how the bids received compared to the state bid. Sandie Greco, Interim Public Works Director, explained that packets were sent to the state bidder. 147031 - Morrissey/Shimp that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 147032 - Morrissey/Amos that "Resolution authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-343. 147033 - Morrissey/Shimp Motion to receive and file and instruct City Clerk to read bids and refer to Interim Public Works Director for review. Option A: Sedan May 21, 2018 Page 6 Option B: SUV Estimate: $150,000 Bidder Bid Amount Bill Colwell Ford Option A: $25,571.00 Hudson, IA Opt on B: $29,938.00 Stivers Ford Lincoln Option A: $25,899.00 Waukee, IA Option B: $30,044.00 Rydell of Independence Option A: $25,824.18 Independence, IA Option B: $30,299.18 Voice vote-Ayes: Seven. Motion carried. RESOLUTIONS 147034 - Schmitt/Amos that "Resolution approving the Contract, Bond and Certificate of Insurance of Price Industrial Electric, Inc., Robins, Iowa, for the Traffic Adaptive Signals on Hwy. 218 and San Marnan Drive and Fiber Optic Communications Upgrade, Project #STP-A-8155(743)--86-07, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-344. 147035 - Schmitt/Amos that "Resolution approving Memorandum of Understanding with the Iowa Northland Regional Council of Governments (INRCOG), in an amount not to exceed $2,000.00, for the writing, preparation, and submittal of the Shaulis Road Recreational Trail Extension application for State Recreational Trail Funds, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-345. 147036 - Schmitt/Amos that "Resolution approving Facility Plan and Intended Use Plan application, (IUP) for funding from the State Revolving Fund, in conjunction with Northwest Interceptor, and authorize the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-346. 147037 - Morrissey/Amos that "Resolution approving Professional Services Agreement with AECOM, of Waterloo, Iowa, in an amount not to exceed $27,500.00 in conjunction with the FY 2019 Dubuque Road Over Blowers Creek Bridge Repairs, Contract No. 959, and authorize the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-347. 147038 - Morrissey/Amos that "Resolution approving Iowa Department of Natural Resources Wastewater Disposal System Construction Permit Application Fee Form and Construction Permit Application Schedule A, General Information for the Northwest Interceptor, and authorizing the Mayor to sign said application",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-348. 147039 - Morrissey/Amos May 21, 2018 Page 7 that "Resolution approving award of hotel/motel tax council discretionary funds to the Jesse Cosby Neighborhood Center in the amount of $6,000, Leisure Services Golf in the amount of $15,937, North End Cultural Center in the amount of $5,000, Aspire Therapeutic Riding Program in the amount of$8,000, Leisure Services Event Shuttle in the amount of$3,375, the Waterloo Municipal Band in the amount of$21,000, and the Waterloo Police Department in the amount of$30,000", be adopted. Roll call vote-Ayes: Six. Nays: One (Klein). Motion carried. Mr. Shimp requested an overview of how the program works and questioned the request of the police department. Major Leibold explained that the $30,000 requested in no way pays for all of the events in downtown Waterloo and the payments for events do not fully cover the cost of a police presence. Michelle Weidner, Chief Financial Officer, provided an overview of the Hotel/Motel Tax program. Mrs. Klein commented that she is uncomfortable with the council making a determination of what charities the city chooses to grant funds. Mayor Hart explained that the recipients of the grant funds are for local organizations and that they choose to complete an application for funding. Mr. Morrissey questioned how often funds are distributed and when the year is up for the cycle of funding. Michelle Weidner explained that the funds are awarded quarterly except sometimes during the budget or as applications are received and the funding follows a fiscal calendar. Mr. Morrissey questioned if more applications will come before council prior to the end of the fiscal year. Michelle Weidner explained the applications received at the end of the fiscal year would carry over into July. Mr. Shimp commented that he would like to see the process reviewed in the future. Mrs. Juon explained the history behind the program. Michelle Weidner explained that when the tax was voted in, it was a public vote and that the allocation is an ordinance. Mr. Amos commented that he serves on the review committee and reviews the criteria f'or grant funding when making award decisions. Resolution adopted and upon approval by Mayor assigned No. 2018-349. 147040 - Schmitt/Amos that "Resolution approving request by the City of Waterloo for a minor plat of Parcels `B" and "C" of Triangle Terrace Subdivision, located adjacent to 5050 Foulk Road, for the purpose of creating a two lot residential subdivision", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-350. 147041 - Schmitt/Amos that "Resolution approving Project Funding Agreement between City of Waterloo and Waterloo Development Corporation for Waterloo Development Corporation to fund the costs of final design of streetscaping design along Jefferson and Commercial Streets (River Road to 3rd Street) in Downtown Waterloo, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-351. May 21, 2018 Page 8 147042 - Schmitt/Amos that "Resolution approving Amendment to Development Agreement & Minimum Assessment Agreement with KWWL Television, Inc., changing the minimum assessed value from $1,800,000 to $1,768,800, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned the impact of the taxes KWWL would pay once the agreement has concluded. Aric Schroeder, City Planner, explained the parking lot has been sold and that the agreement takes that loss of land into consideration. Resolution adopted and upon approval by Mayor assigned No. 2018-352. ORDINANCES 147043 - Shimp/Morrissey that "an Ordinance amending the City of Waterloo Code of Ordinances by amending Title 5 Police Regulations, Chapter 2 General Offenses, Section 13 Fireworks, Subsection E Sales", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Five. Nays: Two. (Amos and Morrissey) Motion carried. Mr. Morrissey questioned why the ordinance was not put to the Public Safety Committee and Work Session. Mr. Shimp commented that the he had asked that the ordinance be changed. Mr. Morrissey questioned the distance regulations for property lines. Aric Schroeder explained that the zoning ordinance. Mayor Hart questioned what the ordinance accomplishes. Aric Schroeder explained that the zoning ordinance regulates setbacks and does not allow fireworks to be sold in residential areas. Mr. Jacobs commented that the ordinance is a matter of fairness to the businesses established last year to allow their sales to continue. Mr. Morrissey questioned the safest place to sell fireworks. Pat Treloar, Fire Chief, commented that the department prefers to have fireworks located in industrial districts as opposed to residential. Mr. Morrissey commented that he found four different cities that restrict sales to industrial districts and read an article written by the attorney for Bellino fireworks regarding the lawsuit they filed. Mr. Schmitt questioned if part of the state law is safety and oversight. Pat Treloar explained the State Fire Marshall is required to inspect sites for locations they issue permits for in the City of Waterloo and the state will issue a permit regardless of local restrictions. Mr. Jacobs questioned what would have more explosive capability, a fireworks stand or a gas station. Pat Treloar stated a fire station. 147044 - Jacobs/Schmitt May 21, 2018 Page 9 To call the question. Roll call vote-Ayes: Five. Nays: Two. (Amos and Morrissey) Motion carried. 147045 - Shimp/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Five. Nays: Two. (Morrissey and Amos). Motion failed. Mr. Morrissey commented that one of the council members owns a commercial property within one of these districts which could be a conflict of interest. ADJOURNMENT 147046 - 7uon/Amos that the Council adjourn at 7:06 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Fel e City Clerk